260 Article of the Criminal Code: illegal logging of forest plantations

According to Art. 5 of the LC RF, the forest is an ecological system and a natural resource. Plants can be in it in its natural state or planted by a person in order to replenish it. The legislation provides for the responsibility for destruction or damage to the ecosystem. Let us further consider in detail the norm that establishes a punishment for the subjects for the said illegal acts.

Article 260 of the Criminal Code

Illegal felling of forest plantations, as well as damage to plants, including creepers, bushes to a state where their growth ceases, in the amount considered significant, is punished:

1. Cash collection in the amount of up to 500 thousand rubles. Or equal to 3% of the guilty or other income for 3 years.
2. Forced labor up to 2 years. In addition, a monetary penalty in the amount of 100-200 thousand rubles may be imputed. Or in the amount of income for 12-18 months.
3. Mandatory work up to 480 hours.
4. Imprisonment up to 2 years. In addition, a fine of 100-200 thousand rubles may be imposed. Or in the amount of income for 12-18 months.
5. Corrective labor for up to 2 years.

Qualifying composition

The above crimes can be committed:

1. Subject with the use of official position.
2. Group of persons.
3. In a large amount.

For such acts, Article 260 of the Criminal Code establishes:

1. Penalty from 500 thousand to 1 million rubles. Or in the amount of income for 4 years.
2. Forced work with a monetary penalty from 150 to 300 thousand rubles. Or in the amount of salary (other income) for 1.5-2 years. In addition, a ban may be imposed on the implementation of certain activities or stay in specific positions for 3 years.
3. Imprisonment up to 4 years. In addition, the court may impose a fine of 150-300 thousand rubles. Or equal to the income of the subject for 1.5-2 g., As well as to prohibit a person from carrying out certain activities or holding certain positions for 3 years.

Aggravating circumstances

The offenses set forth in Article 260 of the Criminal Code of the Russian Federation in parts one and two can be carried out by an organized group, several persons who have previously agreed with each other or in the amount recognized as particularly large. In these cases, the following are imputed:

1. Monetary recovery from 1 to 3 million rubles. Or equal to the income of the guilty person for 4-5 years.
2. Forced labor.
3. Imprisonment.

To the last two sanctions, Article 260 of the Criminal Code of the Russian Federation additionally provides for a monetary penalty in the amount of 300-500 thousand rubles. Or equal to the income of the subject for 2-3 years, as well as a ban on the implementation of certain activities and stay in certain positions for 3 years.

Note

Applying Art. 260 of the Criminal Code of the Russian Federation, judicial practice is based on the fact that as a significant damage is recognized, in cash equivalent of more than 5 thousand rubles. A large size is the amount, a large 50 thousand rubles, especially large - 150 thousand rubles. The calculation is carried out according to the methodology and fees approved by the Government.

Comments

As a direct object of the crime, the responsibility for which is provided for in Article 260 of the Criminal Code of the Russian Federation, public relations exist in the sphere of rational use and protection of natural resources. They are regulated by the relevant Federal Law, LC, regulatory acts issued by the Government within its authority, land and civil legislation. The subject of the wrongful act is the creepers, bushes and trees, referred and not related to forest plantations. These resources are located on the lands of the respective categories owned by the state. The boundaries of forest areas are determined in accordance with the GK and ZK.

Specificity of activity

Within the forest fund, the legislation permits:

1. Preparation of gum, wood, secondary resources (New Year trees, pine, fir legs, birch bark, bark, etc.).
2. Spousal use. In particular, we mean haying, gathering mushrooms, berries, wild fruits, medicinal raw materials, etc., placing apiaries and hives.
3. Use of sites for the needs of hunting farms, scientific research, cultural and recreational, sports tourism purposes.

Features of liability

When carrying out activities not provided for by law, 260 articles of the Criminal Code of the Russian Federation are in force, the Old Code on Administrative Offenses contained a similar norm. In particular, the liability under Art. 65. The administrative fine was charged for use not in accordance with the requirements or objectives established in the forestry or logging ticket (warrant). Currently, other permits are used.

The provisions of the LC

The forest code establishes types of cuttings and allowable cuttings. Lists are provided for in norms 16 and 17 of the LC. The rules, in accordance with which the felling of plantations is carried out, are established in accordance with the procedure for harvesting wood, caring for plants, fire and sanitary safety requirements. In Art. 29 LC provides for the types of ecosystems in which business is allowed, as well as the total volume of timber for harvesting. The government determines the list of plantings, the cutting of which is prohibited. Citizens and organizations can carry out harvesting in accordance with lease agreements of land plots. In the conduct of activities without the provision of territories, an agreement on the purchase and sale of plantations will be the basis. The rules for the allocation of plots for use are established in art. 71-80 LC. It is allowed to harvest wood for construction, heating and other own needs. Such activities are permitted on the basis of contracts for the purchase and sale of plantations. The standards and order of procurement are determined by regional laws.

Characteristics of crimes

Wood harvesting is not considered illegal in accordance with the requirements specified in the legislation. Activities will be considered illegal if there is an authorization document, if it is carried out in violation of the conditions defined therein. In these cases, Article 260 of the Criminal Code of the Russian Federation is subject to application. Judicial practice assumes that according to the meaning of the norm in question, illegal harvesting is carried out:

1. Not on a dedicated plot.
2. Not in the prescribed amount.
3. Not those kinds of wood which are specified in the allowing document.
4. Not on time.
5. Forbidden for cutting down.
6. After making a decision to restrict, suspend or terminate the activities of the user whether his rights to operate the site.

A crime is recognized completed from the moment of the final separation of a bush, a vine or a tree from the root, or damaging them to a state where their growth ceases, if the deeds are committed in a size deemed significant.

The subjective part

To liability it is allowed to attract individuals who have reached 16 liters. The subjective part of the act presupposes a direct intent. A citizen who carries out logging understands the danger of his behavior. He suggests that by his actions the ecosystem is damaged to a considerable extent. When the crime is qualified, the motives of the subject do not matter. When committing an act, a person wishes negative consequences. It should be noted that Article 260 of the Criminal Code falls under an amnesty. However, only certain categories of citizens are exempt from liability.